What is the name of your state? Texas
I've been awarded a $350K judgement against a local area contractor. I've outlined the details of my saga here:
(Link removed)
We noticed this individual has his home listed for sale. That is, his place of residence. The home is in his wife's name. He has since closed his business (got evicted for non-payment), which he had open since 2018.
I've gotten a Writ of Execution, but the deputy serving it reports that this individual has no more assets (claiming the bank already took his cars and boats).
I do have Abstract of Judgment filed in several counties, including where he is selling this house. My understanding is that Texas protects thieves very well: we can't go after 401k or retirement savings, we can't go after primary home or cars, and we can't garnish wages (except in cases of child support, per what we've been told).
Various debt collection lawyers have flat out told me that despite the $350K judgement, these deadbeat contractors know all the schemes of hiding assets (i.e. they give the money away quickly and have nothing in their own name). Texas Penal Codes on theft (with felony charges listed above $2500) apparently aren't enforced. The "theft" in this case was that he "accidentally" double charged me $30K, and in a text he promised to refund one of them and then never did. Everything else is just misappropriation of funds, as month after month of asking for photos of receipts of material he claimed to be pre-ordering and storing for the build, he never provided. Anyway, apologies as the details aren't important since the judgement has been issue in this case in our favor.
I am seeing there is a "common law" in Texas, where we can go after spouses in cases of debt collection. So that is my specific question: IF they do sell their main home, how do I immediately seize the bank account? (assuming they are still legally married; also assuming that at ~$230K they don't sell for cash-only) An Abstract of Judgement will only go after property (lands), correct?
Local area PI want $1500 per person to do nation-wide search of bank/financial assets. Is that a typical cost to be expected in aggressive attempts of debt collection? While I don't mind the cost if it gets results, what if it returns that they simply have no assets? i.e. if someone is truly broke and just $1 to their name (and yet drives a $80K truck, and we know where he has his current job at), what is the point of having debt judgements that can't be collected?
I tried calling [debt collection co name removed], After "promising" our out of pocket expenses wouldn't exceed $800, within 30 days they sent a message asking for $2500 to cover the legal fee's of the next steps (after they realized it was obvious this professional fraudster wasn't going to cooperate with debt collection). We declined to continue their services (since they are in Florida and we wanted to work with someone more local).
Except, local debt collector lawyers aren't too interested. They've flat out told me, they can take a $10K retainer, but realize in this case and for this particular individual, very small chance to collect.
While there is "ongoing investigation", it's been going on for over a year. We're aware of multiple victims over the past 6 years (from $20K, $60K, $200K, to one million, but the issue is this is across multiple counties). He's been arrested twice since this incident started, posted bail on both, and his most recent trial was deferred for unknown reasons. The local area DA is aware but not yet responsive (but we understand they have to prioritize their resources relative to all crimes). Still it's been disappointing that even though there is no "general contractor" license in Texas, a contract was signed and violated, and yet the county and state don't have our backs on this (that would include jail time for these amounts that are felony charges, per State Penal Codes).
Any recommendations greatly appreciated. Meanwhile we hear a story of a guy who stole $500 of bicycles got arrested the next day.
I've been awarded a $350K judgement against a local area contractor. I've outlined the details of my saga here:
(Link removed)
We noticed this individual has his home listed for sale. That is, his place of residence. The home is in his wife's name. He has since closed his business (got evicted for non-payment), which he had open since 2018.
I've gotten a Writ of Execution, but the deputy serving it reports that this individual has no more assets (claiming the bank already took his cars and boats).
I do have Abstract of Judgment filed in several counties, including where he is selling this house. My understanding is that Texas protects thieves very well: we can't go after 401k or retirement savings, we can't go after primary home or cars, and we can't garnish wages (except in cases of child support, per what we've been told).
Various debt collection lawyers have flat out told me that despite the $350K judgement, these deadbeat contractors know all the schemes of hiding assets (i.e. they give the money away quickly and have nothing in their own name). Texas Penal Codes on theft (with felony charges listed above $2500) apparently aren't enforced. The "theft" in this case was that he "accidentally" double charged me $30K, and in a text he promised to refund one of them and then never did. Everything else is just misappropriation of funds, as month after month of asking for photos of receipts of material he claimed to be pre-ordering and storing for the build, he never provided. Anyway, apologies as the details aren't important since the judgement has been issue in this case in our favor.
I am seeing there is a "common law" in Texas, where we can go after spouses in cases of debt collection. So that is my specific question: IF they do sell their main home, how do I immediately seize the bank account? (assuming they are still legally married; also assuming that at ~$230K they don't sell for cash-only) An Abstract of Judgement will only go after property (lands), correct?
Local area PI want $1500 per person to do nation-wide search of bank/financial assets. Is that a typical cost to be expected in aggressive attempts of debt collection? While I don't mind the cost if it gets results, what if it returns that they simply have no assets? i.e. if someone is truly broke and just $1 to their name (and yet drives a $80K truck, and we know where he has his current job at), what is the point of having debt judgements that can't be collected?
I tried calling [debt collection co name removed], After "promising" our out of pocket expenses wouldn't exceed $800, within 30 days they sent a message asking for $2500 to cover the legal fee's of the next steps (after they realized it was obvious this professional fraudster wasn't going to cooperate with debt collection). We declined to continue their services (since they are in Florida and we wanted to work with someone more local).
Except, local debt collector lawyers aren't too interested. They've flat out told me, they can take a $10K retainer, but realize in this case and for this particular individual, very small chance to collect.
While there is "ongoing investigation", it's been going on for over a year. We're aware of multiple victims over the past 6 years (from $20K, $60K, $200K, to one million, but the issue is this is across multiple counties). He's been arrested twice since this incident started, posted bail on both, and his most recent trial was deferred for unknown reasons. The local area DA is aware but not yet responsive (but we understand they have to prioritize their resources relative to all crimes). Still it's been disappointing that even though there is no "general contractor" license in Texas, a contract was signed and violated, and yet the county and state don't have our backs on this (that would include jail time for these amounts that are felony charges, per State Penal Codes).
Any recommendations greatly appreciated. Meanwhile we hear a story of a guy who stole $500 of bicycles got arrested the next day.
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